The duration of the vacation in the shopping mall of the Russian Federation. When you need to provide a vacation in the shopping mall of the Russian Federation. Vacation at own expense, vacation pay upon dismissal

The legislation of the Russian Federation provides for the right to rest for all citizens working under labor contracts. The duration of their main rest cannot be less than 28 calendar days. But when can they take vacation Labor Code ? A similar right is guaranteed to employees in terms that depend on the duration labor activity at the last place of work. Therefore, here is what an employer should know about this.

Rest classification

LEGAL
FACULTY

COURSE
WORK

By
discipline: Labor law

On the topic:
"Holidays according to Russian labor law"

St. Petersburg

Introduction

Chapter I. Annual
basic paid leave

1.1. Concept and types of vacation

1.2. The procedure for granting annual paid leave

1.3. Priority of providing annual paid
vacations

1.4. Calculation of the length of service, giving the right to an annual
basic paid leave

1.5. Duration of the annual basic paid
leave

Chapter II. Annual additional paid vacation

2.1. Annual additional paid leave for employees,
employed in work with harmful and (or) dangerous conditions labor

2.2. Annual additional paid leave for employees with
irregular working hours

2.3. Additional vacations granted to employees working
in the regions of the Far North and equivalent areas

3.1. Vacation without saving wages

3.2. Maternity leave

3.3. Parental leave

CONCLUSION

LITERATURE

Introduction

Establishment in
The Russian market economy requires the development of a solid legal framework that
would guarantee the basic labor rights of workers.

In conditions
transition Russian Federation to a civilized labor market, integration
national economy in world system reform becomes important
labor legislation and updating the current labor
legislation.

Among
sources labor law The Constitution of the Russian Federation is the main
law, an act with the highest legal force... The current Constitution of the Russian Federation
was adopted on December 12, 1993. It is a document of direct action and
establishes the basic provisions of the legal system, fixes the initial principles,
typical for all branches of law, including labor law.

After
Of the Constitution of the Russian Federation, among the laws in the field of labor, the most important is the Labor Code.
RF. This is a codified source of labor law.

Labor
the Code of the Russian Federation was adopted by the State Duma on December 21, approved by the Council
Federation on December 26 and signed by the President of the Russian Federation on December 30, 2001. From 1 February
2002 it entered into force. This is the fourth code in the history of Russia.
Previous acts were called labor codes and were adopted in 1918,
1922 and 1971 The latter existed in Russia for about 30 years.

By keeping
certain continuity of norms, the Labor Code of the Russian Federation differs significantly from
of all previous Russian codified acts in the field of labor in their
structure and content, according to the place and role in the system of regulation of labor
relations, according to their goals, according to the methods of implementation and protection of its provisions, and
also a significant number of individual rules set out in it.

Labor
the Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) has significantly expanded general provisions,
on federal level consolidated the social
partnership in the world of work. It is also characteristic that it enhances
industry affiliation of labor law norms. Moreover, it contains many
new and important provisions relating to all institutions of the Russian labor
rights.

In connection with the adoption
of the new Labor Code of the Russian Federation, there were also changes in the legislation on vacations. So expanded
the circle of people taking annual paid leave, the minimum
duration of vacation and duration of vacations of certain categories
employees, new additional vacations have appeared, the calculation procedure has been changed
average earnings for vacation pay, the grounds for providing
unpaid leave. For some categories of workers,
previously used general vacations, now special
vacation systems (for example, for work with harmful working conditions). Also changed
conditions for the provision of additional annual paid leave for a number of categories
workers: workers working in areas of the far north exposed to
exposure to radiation due to the disaster at the Chernobyl nuclear power plant,
civil servants, judges, prosecutors, etc.

I. Annual basic paid leave

1.1 Concept
and types of vacation

At the heart of the Russian
legislation on vacations is the ILO Convention No. 52 (1936), ratified by the USSR
d. about annual paid vacations. In 1970, adopted a new (revised)
ILO Convention No. 132 "On Leave with Pay".

Annual paid
vacation - long free from fulfillment job responsibilities continuous period
time provided for work during the working year.

The Constitution of the Russian Federation in Part 5 of Art.
37 guarantees everyone the right to rest. However, the right to paid
annual leave is granted only to those working under an employment contract. Amount and form of remuneration, regular or non-standard work
do not affect the exercise of the right to leave.

Right to
vacation does not depend on the place of work (state, municipal (family),
private and other organizations), the position held or the period of labor
contract.

Part-timers
have the right to leave for combined work at the same time as the leave,
provided at the main job. To all persons working part-time,
annual paid leave for combined work is granted, or
compensation is paid for unused leave upon dismissal.

By earlier
the current legislation, the right to leave did not have persons sentenced to
correctional labor, while serving a sentence at the place of permanent
work. The persons serving sentences in places of deprivation did not have such a right either.
freedom.

Since July 1, 1997
d. the Penal Execution Code was enacted, which provides
(Article 104) that workers sentenced to imprisonment have the right to
annual paid leave of 18 working days - for
serving imprisonment in educational colonies; 12 working days - for
serving imprisonment in other correctional institutions. Have the right to
leave and convicts serving correctional labor.

For workers,
on vacation, the place of work (position) is retained. Not allowed
dismissal of an employee at the initiative of the employer (except for the case
liquidation of the organization or termination of activities by the employer - physical
a person while on vacation (see Art. 81 of the Labor Code). The worker himself in
in accordance with the established procedure (Article 80 of the Labor Code) can apply for dismissal under
on their own and terminate labor contract during vacation. The same
the employee also has the right during illness, which does not deprive him of the opportunity
to leave work. The date of dismissal will be the day the warning expires.
dismissal from work of their own free will.

Annual
holidays are divided into the following types:

Annual main
paid vacation (minimum and extended);

Annual additional
paid holiday.

1.2
The procedure for granting annual paid leave

Article 122 of the Labor Code
stipulates that the right to use leave for the first working year
arises from an employee after six months of his continuous work in
this organization. The Code essentially establishes the employer's obligation to provide
employees get paid leave annually. In this case, naturally, we mean
not a calendar year (from January 1 to December 31), but a working year determined for each
employee individually from the date of his employment (for example, from March 7
2008 to 6 March 2009). By agreement of the parties, paid leave for the employee
can be granted even before the expiration of six months.

Before expiration
six months of continuous work paid leave at the request of the employee
must be provided:

- women -
before or immediately after maternity leave;

- employees
under the age of 18;

- employees,
adopting a child (children) under the age of three months;

- in others

Vacation for
the second and subsequent years of work can be provided at any time of the working
years in accordance with the priority of providing annual paid
vacations established in this organization.

The code is not
provides for the possibility of providing an annual basic paid
holidays in proportion to the hours worked, therefore in all cases when
leave for the first year of work is provided in advance, the employee must receive
it in full and with full payment. In this case, it is necessary to keep in mind
the possibility of dividing the vacation into parts by agreement between the employee and the employer
(part 1 of article 125 of the Labor Code).

1.3
Priority of granting annual paid leave

Priority
the provision of paid vacations is determined annually in accordance with
the vacation schedule approved by the employer, taking into account the opinion of the representative
the employee body no later than two weeks before the onset of the calendar year.

Schedule
leave is compulsory for both the employer and the employee.

About the time
the start of the vacation, the employee must be notified no later than two weeks before his
start. If this rule is violated, leave at the request of the employee
postponed for another term (Article 124 of the Labor Code).

A separate
categories of employees in cases provided for by federal laws,
annual paid leave is provided at their request at a convenient for them
time. At the request of the husband, annual leave is granted to him during the period of his stay
his wife is on maternity leave regardless of the time of his
continuous work in this organization.

At
scheduling vacations must ensure compliance with the requirements
legislation that certain categories of workers have the right to
vacation at a certain time or, at their request, at any time convenient for them.

So,
legislation establishes that workers and employees under 18 years of age
vacation should be provided in the summer or, at their request, at any other time
year (Article 267 of the Labor Code). Even if the minor has not yet worked in this
organizations continuously for 6 months, i.e. does not have an experience giving the right to vacation,
then this circumstance does not deprive him of the right to receive summer leave
time.

Use
vacation at any time convenient for them also have the right:

- veterans
The great Patriotic War and veterans of hostilities on the territory of other
states, labor veterans and some other categories of workers;

- Heroes
Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory;

- faces,
awarded with the badge "Honorary Donor of Russia".

- spouses
military personnel, leave at their request is granted simultaneously with the leave
military personnel.

- part-timers
leave is granted simultaneously with leave for the main job (Article 286 of the Labor Code),
what to consider when scheduling.

No vacation
should be confined exclusively to the 1st or 15th day of the month, but should
distributed as evenly as possible throughout the month.

1.4
Calculation of the length of service, giving the right to the annual basic paid
vacation

Eligibility for annual leave
arises from the first day of work. But to get it you need
a certain length of service with a given employer and only if there is such
length of service, the employee can demand leave, and the employer is obliged to provide it.

Work experience, giving the right
for vacation, is calculated in the manner prescribed by article 121 of the Labor Code of the Russian Federation and
some other regulations. Work experience, giving the right to
annual paid leave, includes:

1.the time of the actual
work, i.e. the time during which the employee actually performed the assigned
on him labor duties. This is the basis of the work experience for obtaining leave and its
the largest part.

2.the time when the worker
actually did not work, but for him in accordance with federal laws
the place of work (position) was preserved, including the time of the annual
paid vacation;

This includes:

- lead time
employee of government or public duties (for example, time
being at military training, medical examination, examination or
treatment related military registration, exercise of suffrage, turnout
on the call of the bodies of inquiry);

- time of annual
paid holidays and study leaves;

- studying time,
advanced training and retraining of workers out of production
and preservation of the place of work (position) and earnings;

- residence time
an employee in a medical institution for examination, if he is by birth
activity is obliged to pass it;

- days of release from
donor work to donate blood and then provided rest days.

forced time
truancy at illegal dismissal or suspension from work and subsequent
restoration at the previous job;

other periods of time,
stipulated by the collective agreement, labor agreement or local
a regulatory act of the organization.

Work experience giving
the right to annual basic paid leave does not include:

1.time of absence
employee at work without good reason, including due to his
suspension from work (Article 76 of the Labor Code of the Russian Federation);

This includes:

- appearance at work in
a state of alcoholic, drug or toxic intoxication;

- not passed in
in the prescribed manner, training and testing of knowledge and skills in the field of protection
labor;

- not passed in
established order mandatory preliminary or periodic
medical checkup;

- if detected in
in accordance with the medical opinion of contraindications for performing
an employee of work stipulated by an employment contract;

- at the request of the authorities and
officials authorized by federal laws and other regulatory
legal acts, and in other cases stipulated by federal laws and
other regulatory legal acts.

2. vacation time by
caring for a child until he reaches the legal age;

3.the time of vacations provided at the request of the employee without
preservation of wages, if their total duration exceeds 14
calendar days during the working year.

In work experience, giving
the right to additional annual paid leave for work with harmful and
(or) hazardous working conditions, only those actually worked are included in
appropriate time conditions.

Experience for obtaining
leave must be continuous. In vacation legislation, the concept
continuous work experience means that leave is granted only for the time of work
from the given employer. Therefore, upon dismissal of an employee, the employer must
completely finish the vacation payments with him - pay monetary compensation
for unused vacation or part of it.

1.5
Duration of annual basic paid leave

Article 115 of the Labor Code
establishes that the annual basic paid leave is granted
employees for 28 calendar days. Here it can be
the impression that in the new Code there is only a formal difference from the Labor Code: there was - 24
working days plus four days off, it turns out 28 calendar days, which in fact
same. This is not entirely true. Indeed, according to the Labor Code, the duration
vacation was essentially 28 calendar days, but only 24 were payable
of them. The Labor Code provides for 28 paid leave
calendar days. This is a significant difference. Non-working holidays are counted
holidays are not included and are not payable.

According to
the second part of Art. 115 shopping malls for a number of categories of workers installed elongated
annual paid vacations, i.e. vacations initially under the law of greater
duration compared to the basic minimum annual paid
vacation.

Elongated
holidays set:

1.Workers
under the age of 18 (Article 267 of the Labor Code) - 31 calendar days;

2. Pedagogical
employees of educational institutions - from 42 to 56 calendar days.

3.Member
Federation Council, deputy The State Duma- 42 calendar days.

4 rescuers
professional emergency services, professional
rescue teams are given regular leave every year
duration:

- rescuers,

rescuers up to 10 years old, 30 days;

- rescuers,
with continuous work experience in professional emergency rescue
services, professional rescue teams in positions
rescuers over 10 years, 35 days;

- rescuers,
with continuous work experience in professional emergency rescue
services, professional rescue teams in positions
rescuers over 15 years, 40 days.

5. Scientific
workers with academic degree(see the decree of the Government of the Russian Federation of 12
August 1994 N 949 SZ
RF. 1994. N 17. Art. 2002);

6. State
civil servants - at least 30 calendar days;

7. Municipal
employees - at least 30 calendar days;

8. Prosecutors,
investigators, scientific and pedagogical workers of the system of the Prosecutor's Office of the Russian Federation - 30
calendar days without taking into account the following to the place of rest and back;
prosecutors and investigators of prosecution bodies working in areas with
severe and unfavorable conditions - at least 45 calendar days;

9. Employees
police and
customs officers - 30
calendar days without taking into account the following to the place of rest and back

10. To the judges -
lasting 30 working days.

Judges,
working in the Far North, annual paid vacations
are provided for 51 working days, and in localities,
equated to the regions of the Far North, and in areas with difficult and unfavorable
climatic conditions, where the coefficients to wages are set - 45
working days.

11. Employees
enterprises, institutions and organizations of state and municipal systems
health care providers who diagnose and treat HIV-infected people, and
also to persons whose work is related to materials containing the virus
human immunodeficiency - 36 working days (taking into account the annual additional
leave for work in hazardous working conditions).

12. Citizens employed in
work with chemical weapons - 49 or 56 calendar days, depending on
the degree of importance and characteristics of the work performed.

13. People with disabilities
- at least 30 calendar days

Duration
the main annual paid leave of Article 115 of the Labor Code of the Russian Federation is defined in
calendar days. This affects the summation of vacations, the procedure for calculating the total
the length of the annual paid leave granted to everyone
to the employee.

II... Annual
additional paid leave

Article 116 of the Labor Code
RF regulates the provision of additional paid vacations to employees,
employed in work with harmful and (or) dangerous working conditions, employees,
with a special nature of work, employees with irregular working hours,
workers working in the Far North regions and in equivalent to them
localities, as well as in other cases stipulated by federal laws.

The purpose
annual additional paid leave is the provision of
rest workers longer than the generally established duration at
work of a certain nature or in certain conditions that negatively
affect the health of the employee (increased fatigue, harm or danger
working conditions, etc.). Such annual additional paid leave in
are intended to a certain extent in order to compensate for the effect on
workers of unfavorable factors, as well as to protect them from unfavorable
the consequences of working in such conditions.

Codex
provides for additional annual paid vacations for a number of categories
workers:

Employed on
work with harmful and (or) hazardous working conditions;

2. Having
the special nature of the work;

3.C
irregular working hours;

4. Employees
in the regions of the Far North and equivalent areas;

5. In others
cases stipulated by federal laws.

except
additional leaves with compensatory and protective purposes,
labor legislation provides for annual additional paid
incentive leave, for example, for seniority on certain
positions, for a long experience of work in the same organization.

Additional
annual paid leave for seniority is provided for:

1. For experience
service as a prosecutor or investigator, scientific or pedagogical
an employee of the prosecutor's office of the Russian Federation

2.
Government civil servants

3.
Municipal employees in the manner and on conditions determined by federal
laws and laws of subjects

4. Judges with
taking into account the length of service

5. Employees
forestry and forestry for the length of service, etc.

2.1
Annual additional paid leave for employees employed in jobs with
harmful and (or) dangerous working conditions

Substantial
changes The Labor Code introduced the procedure for providing additional paid
holidays to employees engaged in work with harmful and (or) hazardous conditions
labor. According to Art. 117 TC annual additional paid leave
provided to employees engaged in work with harmful and (or) hazardous
working conditions: in underground mining and opencast mining in
cuts and quarries, in zones of radioactive contamination, in other works,
associated with the fatal adverse impact on human health
harmful physical, chemical, biological and other factors.

List
industries, workshops, professions and positions with harmful working conditions, work in
which entitles you to additional leave and shorter working hours, was approved
by the decree of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22 and since then
since then it has been repeatedly supplemented. Additional leave for work with harmful
working conditions must compensate, as far as possible, the harmful effect,
which is exerted on the worker's organism by the peculiarities of production.

Additional
leave is granted only to those employees whose profession and position
are listed in the sections of the List relating to certain industries and
workshops. If the enterprise has a workshop mentioned in the List, then the corresponding
employees of this workshop can apply for additional leave for
harmful working conditions, regardless of which form of ownership it belongs to
company. In cases where the List does not indicate the workshop, but the name
work (for example, forging, welding) additional tempering should
provided to workers performing such work in any workshop and in any
production.

except
employees mentioned in the List are entitled to an annual additional paid
leave in connection with the harmfulness and (or) hazard of working conditions is taken by employees,
specified in other regulatory legal acts.

Right to
annual additional leave is therefore also justified by:

1. Workers
coal, oil shale industry and mine construction. His
duration depends on the time of work in underground conditions, in sections,
quarries (in calendar days);

3. Psychologists,
directly and full-time working with mental patients,
medical directors (with irregular working hours) of psychiatric
(neuropsychiatric), neurosurgical, narcological
treatment-and-prophylactic institutions, departments, wards and offices, houses
disabled people (departments) for the mentally ill and their deputies, as well as the main
health psychiatrists directly involved in the provision of
psychiatric care;

4.
Medical, veterinary and other workers directly involved in
the provision of anti-tuberculosis care, as well as workers of organizations for
production and storage of livestock products, serving patients
tuberculosis of farm animals;

5. Employees
customs authorities for execution job responsibilities in harmful conditions.

The basis
to provide additional leave for harmful working conditions is
special work experience, when the employee was actually employed on
industries, workshops, professions and positions with harmful working conditions are not
less than half of the working day, and in the cases provided for by the List - full
working day.

Duration
additional leave for different professions with harmful working conditions
set in the List on a differentiated basis - from 6 to 36 working days. If the employee
worked at work with varying degrees of harm, then leave is granted
in proportion to the time worked at each hazardous job.

2.2 Annual
additional paid leave for employees with irregular working hours

For some
categories of workers, special working conditions may be established -
irregular working day, in which in cases of production
if necessary, it is allowed to perform work in excess of the normal duration
business hours, usually at no extra charge or day off compensation.

Unnormalized
working day - a special mode of working time, and not an increased rate.
Therefore, employees with irregular working hours cannot be required
constant processing of the statutory working time norm, set in
dependence on the number of processing hours duration of additional
vacation.

According to Art.
101 of the Labor Code of the Russian Federation, workers with irregular working hours can, by order
the employer, if necessary, from time to time be involved in the implementation of their
work duties outside the normal working hours
time. In other words, if, as a general rule, overtime work is allowed
only with the consent of the employee, then the persons whose positions are included in the list
positions with irregular working hours, may be involved in work "for
limits of normal working hours "by order
administration.

Labor
the code provides for two types of compensation for work in the regime of irregular
working time. Or the provision of additional leave (at least three
calendar days), or, when such leave is not granted, processing
over normal working hours with written consent
the employee is compensated as overtime work (Article 152 of the Labor Code).

Processing
must be strictly taken into account by the employer, since it (its size)
compensated by the increased payment. Note that the processing limits, as it has
the place for overtime work, The Code does not provide.

If in
during a certain calendar period, the employee was not involved in
employer's initiative to work outside the normal duration
working hours, he cannot claim monetary compensation. With another
parties, if an employee included in the list of positions with irregular
on a working day, in the process of performing a service assignment occasionally
was delayed after a working day and it was duly recorded, the employee
has the right to count on compensation.

For
granting leave for irregular working hours was necessary
compilation of lists of professions, positions and jobs for which it is allowed
application of irregular working hours. The very fact that the position is included in such
the list (list) creates for the employee the right to receive additional
paid leave in the manner prescribed by Art. 119 of the Labor Code of the Russian Federation.

For
organizations financed from the budget, the procedure and conditions for providing
annual additional paid leave for this category of employees
are determined by the following rules:

- for
organizations financed from the federal budget - by the Government of the Russian Federation;

- for
organizations financed from the budget of the constituent entity of the Russian Federation - by the authority of the constituent entity of the Russian Federation;

- for
organizations financed from the local budget - by local authorities
self-government.

Other
organizations solve this issue independently, taking into account the availability of their own
funds.

Decree
The Government of the Russian Federation of December 11, 2002 N 884 approved the Rules for the provision of
annual additional paid leaves for employees with irregular
working day in organizations funded by federal funds
budget.

1. Annual
additional paid vacations for employees with irregular working hours
are provided for work in conditions of irregular working hours to employees
organizations financed from the federal budget, if these
employees, if necessary, are occasionally involved by order
employer to perform their work functions outside the normal
working hours;

2. List
positions of employees with irregular working hours who are entitled to
additional leave, established by the internal labor regulations
or other normative act of the organization;

3.
The duration of additional leave granted to employees with
irregular working day, cannot be less than 3 calendar days.

Duration
additional leave for the relevant position is established by the rules
internal labor regulations of the organization and depends on the volume of work,
the degree of labor intensity, the employee's ability to perform their labor
functions outside normal working hours and other
conditions.

4. The right to
additional leave occurs for the employee, regardless of the duration
work in conditions of irregular working hours. If such a vacation is not
provided, processing outside of normal working hours
time is compensated with the written consent of the employee as overtime
Work;

5.
Additional leave granted to workers with irregular workers
day, summed up with the main annual paid leave (including
extended), as well as other annual additional paid
holidays;

6. In case
transfer or non-use of additional leave, as well as dismissal the right
for the specified leave is implemented in the manner prescribed by the labor
the legislation of the Russian Federation for annual paid vacations;

7. Payment
additional leaves provided to workers with irregular work
in the afternoon, is made within the wages fund.

2.3
Additional leave granted to employees working in the districts
The Far North and equivalent areas

Areas of the Far North and
equivalent areas are marked by special climatic conditions.
It is clear that working in such climates requires some
compensation. As one of the compensation for workers and employees employed in
in these regions, additional leave is provided.

In addition to the established
the legislation of the annual main paid leave and additional
paid vacations provided on a general basis to persons working in
regions of the Far North, additional paid vacations are provided
lasting 24 calendar days, and persons working in localities,
equated to the regions of the Far North - 16 calendar days.

Total duration
annual paid leave for part-time workers is established
on a universal basis.

In Art. 321 of the Labor Code of the Russian Federation
we are talking about additional holidays established only for those working in
Northern regions. Previously, additional holidays for northerners were provided
Art. 14 of the Law of the Russian Federation of February 19, 1993 N 4520-1 and amounted to 21 working days -
in the regions of the Far North, 14 working days - in equivalent areas, 8
working days - in the rest of the North, where the regional coefficient is established
and percentage wage premiums.

With an introduction to
the operation of the Labor Code, as before, except as established by law
annual main paid leave and additional paid
leaves provided on a general basis to persons working in areas
Of the Far North and equivalent areas, additional
paid vacations. However, since February 1, 2002, the duration of these
vacations (as well as annual basic paid leave - Art. 115 of the Labor Code)
is calculated not in working days, but in calendar days. For people working in areas
In the Far North, such leave is provided for a duration of 24 calendar
days, and to persons working in areas equated to the regions of the Far North,
- 16 calendar days.

Absence
references in Art. 321 of the Labor Code on vacation of 8 working days for those who work in
other regions where regional coefficients and northern allowances are applied,
quite logical: Art. 321, like the entire chapter 50 of the Labor Code, is dedicated to those who work in
regions of the Far North and equivalent areas, including
the regions mentioned are not included. Therefore, mentioning them in Art. 321 of the Labor Code of the Russian Federation no
necessity. An additional 8-day leave is granted on the basis of Art.
14 of the Law of the Russian Federation of February 19, 1993 N 4520-1.

To receive
appropriate additional leave requires work experience in the Far North, which gives the right to
vacation. Additional leave is granted as
persons permanently working in the regions of the Far North and equated to
localities and workers performing work in these areas and
localities on a rotational basis.

Full or
partial combination of annual paid vacations for persons working in
regions of the Far North and equivalent areas, no more than
than two years. At the same time, the total duration of the provided vacation is not
must exceed six months, including unpaid leave
payment required for travel to the place of vacation use and back.

III. Others
categories of additional vacations.

3.1 Vacation
without pay

Vacation without
salary retention are granted on various grounds and have
different purpose. During unpaid leave for
the employee retains his place of work (position). No dismissal allowed
employee on the initiative of the employer (except in the case of liquidation
organization or termination of activities by the employer - natural person) v
the period of his stay on vacation (Article 81 of the Labor Code).

Having received
unpaid leave, the employee can interrupt any day
him and go to work, notifying the employer about it.

Conditionally
these holidays can be divided into those that the employer can
provide the employee, and leave that he is obliged to provide.

By family
circumstances and other valid reasons to the employee on his written
the application may be granted unpaid leave,
the duration of which is determined by agreement between the employee and
employer. The duration of such leave is determined by the parties and
is not limited by law. It should be remembered that the time provided
unpaid leave lasting more than 14
calendar days is not included in the length of service, which gives the right to an annual
basic paid vacation.

Collective
contracts can determine in what cases (for what reason) employees
leave without preservation (and often with preservation) of wages is granted
fees, as well as their duration. If these issues are resolved collectively
agreement (i.e. the employer has already expressed his consent with this decision), then
leave without retention (or with retention) of wages given in
the collective agreement for reasons and not less than provided for in it
the employer is obliged to provide the duration at the request of the employee.

In a number of acts
labor legislation explicitly provides for the provision of leave without
preservation of wages for certain categories of workers:

- state
to the employee, upon his written application, by a decision of the representative of the employer,
leave without pay for family
circumstances and other valid reasons for no more than one
year (Federal Law of July 27, 2004 N 79-FZ "On State
civil service Russian Federation");

–
a municipal employee may be granted leave without retention
wages for a period not exceeding one year, unless otherwise provided
federal law (Federal law of March 2, 2007 N 25-FZ "On
municipal service In Russian federation").

Employer
is obliged, on the basis of the employee's application, to provide unpaid leave
wages, in particular in cases of childbirth, marriage registration,
death of close relatives - up to 5 calendar days.

According to Art.
128 of the Labor Code, the employer is obliged, on the basis of a written application of the employee
provide unpaid leave:

- to participants
Great Patriotic War - up to 35 calendar days a year;

- working
old-age pensioners (by age) - up to 14 calendar days a year;

- parents and
wives (husbands) of military personnel who died or died as a result of injury,
concussion or injury sustained in the performance of military service duties,
or due to an illness associated with military service - up to 14
calendar days in a year;

- working
disabled people - up to 60 calendar days a year;

- in others
cases provided for by the Code, other federal laws, or
collective agreement.

In addition to
of these holidays, the legislator also obliged to provide leave without
preservation of wages:

- employees,
caring for children (see article 263 of the Labor Code and the commentary to it);

- employees
- Heroes of the Soviet Union, Heroes of the Russian Federation, full holders of the order
Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory
- lasting up to 3 weeks a year at a convenient time of the year;

Providing
unpaid leave in cases where the employer is obliged
to do this at the request of the employee, does not deprive this employee of the right to apply to
employer with a request for additional leave to
other unpaid leave established for him by law.

Providing
unpaid leave is drawn up in a written application
employee and the order (order) of the employer, which should indicate
the reason, duration, dates of the employee's leave on vacation and last day
this vacation.

On practice
it is not uncommon for employers to send workers to so-called
"forced" holidays in connection with the emerging economic,
organizational difficulties in the activities of the organization. Such actions
employers are wrong. Unpaid leave in
in accordance with Article 128 of the Labor Code are provided at the request of the employee.
"Forced" holidays initiated by the employer by labor legislation
not provided. In the event that employees, through no fault of their own, cannot perform
obligations stipulated by labor contracts concluded with them,
the employer is obliged to pay for the downtime in accordance with Article 157 of the Labor Code of the Russian Federation. V
cases when, at the insistence of the employer (his representatives), employees submit
applications for unpaid leave for a certain or
indefinite period (which is often practiced), the initiative is actually
owned by the employer. And in these cases, there is a law that does not allow
granting unpaid leave on the initiative
employer.

3.2
Maternity leave

Right to
maternity leave is granted to all working women without any exception,
including those working under an employment contract concluded for up to two
months, in seasonal work, with part-time work.

Duration
maternity leave specified in Article 255 corresponds to the duration
this leave, which is determined by the Law "On State Benefits
citizens with children "dated May 19, 1995. It is 70 calendar
days before delivery and 70 calendar days after. For multiple pregnancies, vacation
before delivery increases by two weeks - from 70 to 84 calendar days. With complicated
childbirth leave after childbirth is increased by 16 days, i.e. from 70 to 86 calendar
days. For the birth of two or more children, the postpartum leave is 110
calendar days. Thus, the minimum duration of maternity leave is
and childbirth is 140 calendar days, and the maximum is 194 calendar days. More
long leave before childbirth, 90 calendar days, established by the Law of the Russian Federation
"O social protection citizens exposed to radiation due to
disaster at the Chernobyl nuclear power plant. "The total duration of the entire vacation for
pregnancy and childbirth in this case can reach 200 calendar days (90 +
110 days).

Article 255 states,
that maternity leave is granted to women upon their application and for
on the basis of a certificate of incapacity for work issued in accordance with the established procedure. Providing
of this sheet to the organization for its payment is the woman's application. In other words,
written application for maternity leave and the submission of any
another document, except for the certificate of incapacity for work, issued in accordance with the established procedure,
not required. This is confirmed by clause 10 of the Regulations on the procedure for appointment and payment
state benefits to citizens with children, according to which for the appointment
and the payment of this benefit by women subject to compulsory social insurance,
only a certificate of incapacity for work is presented.

Maternity leave
and childbirth, as before, is calculated in total and is given to the woman in full
regardless of the number of days actually used by her before delivery, for a period,
which is indicated on the certificate of incapacity for work.

Pregnancy allowance and
childbirth is paid to the insured woman in the amount of 100 percent of the average
earnings. The amount of the maternity allowance cannot exceed
the maximum amount of maternity benefits established by the federal
the law on the budget of the Social Insurance Fund of the Russian Federation for
the next financial year. If
the insured person works for several employers, the amount of the allowance for
pregnancy and childbirth cannot exceed the specified maximum size
the specified allowance for each place of work.

Maximum size
temporary disability benefits for a full calendar month cannot
exceed 18 720 rubles in 2009.

Minimum
the amount of the maternity allowance is equal to the minimum wage and amounts to 4330
rubles.

and childbirth is not limited to women who work under an employment contract. Along with them
this right is enjoyed by: women dismissed in connection with the liquidation of an organization in
within 12 months preceding the day of their recognition in the prescribed manner
unemployed; women whose maternity leave period began in
within a month from the date of dismissal from work for certain reasons (transfer of the husband
to work in another area, moving to the place of residence of the husband; disease,
preventing the continuation of work or living in the area,
confirmed by a medical certificate issued in accordance with the established procedure;
the need to care for a sick family member, confirmed by a medical
conclusion), and a disabled person of group I All these women, as well as women,
employed under an employment contract, the allowance is issued at the expense of
compulsory social insurance. However, for the appointment and payment of benefits
they are required to submit some additional documents besides the sheet
disability.

Eligibility for pregnancy benefits
and some women who are not insured also have childbirth. it
on-the-job students in primary educational institutions
professional, secondary vocational and higher vocational education
and institutions of postgraduate professional education; undergoing military
contract service, service as privates and commanding officers in
the internal affairs bodies and some others. These women receive benefits
respectively, at the expense of educational
institutions of the federal budget, budgets of the constituent entities of the Russian Federation and federal funds
budget allocated in accordance with the established procedure to the executive authorities, in which
provides for military service, service as a private and commanding officer
composition in the internal affairs bodies.

Allowance for women laid off
in connection with the liquidation of the organization within 12 months preceding the day
recognizing them as unemployed in the prescribed manner, is not calculated from earnings,
a is issued in an amount equal to the minimum wage Payment of benefits for
pregnancy and childbirth is carried out no later than 10 days from the date of submission of all necessary
documents. Women who work under an employment contract are paid
at their place of work. The time of maternity leave with payment for the period of such
leave of benefits for compulsory social insurance is not noted in
work book and is counted in all types of work experience.

Holidays by
child care was introduced in our country a long time ago, from the beginning of the 80s of the last
century. The terms of their provision and the payment system have changed. Vacation by
caring for a child until he reaches the age of one and a half years is provided for
the woman's statement, to which a copy of the birth certificate is attached
child (if applicable, a copy of the child's adoption certificate).
The basis for granting leave is the employer's decision. It
accepted within 10 days from the date of submission of the application with all the necessary
documents. The leave can be used in full, in parts, i.e. with
breaks, and for the period of vacation the employee retains his place of work
(position). Those who have received parental leave have the right to work for
part-time or at home, including in an organization that
provided a vacation. In other words, such work does not deprive the right to receive for
vacation time allowance.

Monthly
allowance for the care of a child under one and a half years from January 1, 2009 is paid
in the following sizes:

- for the care
first child - 1,873.10 rubles;

- for the care
second child and subsequent children - 3746.20 rubles.

– 40
percent of average earnings (income, pay) at the place of work (service)
for the last 12 calendar months preceding the month of vacation
for child care.

Wherein
the minimum allowance is 1873.10 rubles for caring for the first
child and 3746.20 rubles for the care of the second child and subsequent children. Maximum
the amount of the childcare allowance from January 1, 2009 amounted to 7492.40 rubles.

Vacation
for caring for a child until he reaches the age of three years and it is even provided that
the procedure and terms for the payment of benefits for compulsory social insurance in
the period of the said leave is determined by federal law. But federal
there is no law on the payment of benefits for the three-year period of the said leave; allowance
for compulsory social insurance is paid only for the period of leave until
the child reaches the age of one and a half years. For a vacation period of up to three years
the employer is paid monthly compensation payment, but not at the expense of funds
compulsory social insurance, and at the expense of the labor fund. Per
time spent on parental leave for a child under three years of age monthly
compensation is paid from the date of the end of the maternity leave until
the child reaches the age of three. Payment of compensation is carried out at the expense of
employer's funds. Organizations financed from budgets pay such
compensation from the respective budgets. The amount of compensation is 50 rubles. v
calculated per month.

Should have
in view of the fact that local acts may establish higher sizes of additional
payments for the time of caring for children, with payment, at the expense of the employer.

CONCLUSION

Labor
the code has practically solved many issues that were previously assumed
settle in a special leave law. One of them is the question of
the summation of additional leave with the main annual leave. Practically
this question boiled down to the question of how
summation: at the expense of profit or at the expense of funds attributed to the cost price
products. Prior to the adoption of the Labor Code, the Resolution of the Supreme
Council of the RSFSR dated April 19, 1991, granting the right to all organizations
independently decide on the summation of additional vacations with the main
annual leave, based on their financial capabilities. For change
this order required the publication of a federal law. This law was
Labor Code. First, the Code invalidated the Decree
Of the Supreme Soviet of the RSFSR dated April 19, 1991 N 1029-1 "On the procedure
the enactment of the Law of the RSFSR "On increasing social guarantees for
workers ", which attributed the costs of summing up holidays at the expense of
profit (Article 422), and, secondly, provided that the duration of the annual
main and additional paid vacations of employees, which
are calculated in calendar days, the maximum limit is not limited, and when
calculating the total duration of annual paid leave
additional paid vacations are summed up with the annual main
paid vacation (Article 120). Other short stories about
holidays. These include: the right to use leave for the first working year
after six months of continuous work in this organization, and not
eleven months, as it was before (Article 122); provision on the replacement of part of the leave,
exceeding 28 calendar days, monetary compensation. At the same time, it is not allowed
replacement of leave with monetary compensation for pregnant women, employees of the age
up to eighteen years old, as well as workers engaged in heavy work and work with
harmful and (or) dangerous working conditions (Article 126); vacation sharing rule
in part, in which at least one of the parts of this leave must be at least
14 calendar days (Article 125); the right to leave upon dismissal of an employee when
upon written application of the employee, unused vacations are provided with
subsequent dismissal(with the exception of cases of dismissal for guilty
actions).

LITERATURE

3. Federal law from
01/12/1995 No. 5-FZ "On Veterans"

4. Law of the Russian Federation of January 15, 1993
No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and
full holders of the Order of Glory. "

5. Law of the Russian Federation dated May 15, 1991 No.
1244-1 "On social protection of citizens exposed to radiation due to
disaster at the Chernobyl nuclear power plant "

7. Resolution of the Government of the Russian Federation
dated October 1, 2002 N 724 "On the duration of the annual basic
extended paid leave granted to teachers ”.

8. Federal Law of 08.05. 1994 N 3-FZ
"On the status of a member of the Federation Council and the status of a deputy of the State Duma
Federal Assembly of the Russian Federation "

9.Federal Law of August 22
1995 N 151-FZ "On emergency services and status
rescuers "

10. Federal law of July 27
2004 N 79-FZ "On the state civil service of the Russian
Federation "

11. Federal Law of
02.03.2007 N 25-FZ "On municipal service in the Russian Federation"

14. Federal Law of July 21
1997. N 114-FZ "On service in customs authorities Russian Federation"

15. The law of the Russian Federation from
June 26, 1992 No. 3132-1 "On the status of judges in the Russian Federation"

16. Federal law from
11/07/2000 No. 136-FZ "On social protection of citizens employed in jobs with
chemical weapons "

17. Federal Law of November 24, 1995 N
181-FZ "On social protection of disabled people in the Russian Federation"

18.Law of the Russian Federation of January 15, 1993
No. 4301-1 "On the status of the Heroes of the Soviet Union, Heroes of the Russian
Federation and full holders of the Order of Glory "

19. Federal Law of January 9, 1997 No. 5-FZ
"On the provision of social guarantees to the Heroes of Socialist Labor and
full holders of the Order of Labor Glory. ...

20.Federal law of December 29, 2006 N 255-FZ "On security
benefits for temporary incapacity for work, for pregnancy and childbirth, subject to
compulsory social insurance "

21. Federal Law of 28.04.2009 N 78-FZ "On Federal
budget for 2009 and for the planning period 2010 and 2011 "

Employees are granted annual leave with preservation of their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

The main annual paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is granted to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid vacations are granted to employees employed in work with harmful and (or) hazardous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is granted to employees engaged in work with harmful and (or) hazardous working conditions: in underground mining and open pit mining in open-pit mines and quarries, in zones of radioactive contamination, in other work associated with adverse effects on human health. physical, chemical, biological and other factors.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The minimum duration of the annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and labor relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees who are assigned an additional annual paid leave for a special nature of work, as well as the minimum duration of this leave and the conditions for its grant are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of the constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget, - by local governments.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit. Non-working holidays falling on the period of the main annual or additional annual paid leave are not included in the number of calendar days of the leave.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When calculating the total duration of the annual paid leave, additional paid leaves are added to the annual basic paid leave.

Article 121. Calculation of the length of service giving the right to annual paid leave

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to an annual basic paid leave, includes:

actual work time;

the time when the employee did not actually work, but in accordance with the labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations, the employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;

time forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at the previous job;

the period of suspension from work of an employee who has not passed a mandatory medical examination (examination) through no fault of his own;

the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

(the paragraph was introduced by the Federal Law of 22.07.2008 N 157-FZ)

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to an annual basic paid leave, does not include:

the time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. - Federal Law of 22.07.2008 N 157-FZ.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked under the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises for the employee after six months of his uninterrupted work with the given employer. By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided:

women - before or immediately after maternity leave;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the sequence of granting annual paid leave established by the employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 123. Priority of granting annual paid leaves

The sequence of granting paid leaves is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before the start.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

temporary disability of an employee;

fulfillment by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

in other cases stipulated by labor legislation, local regulations.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited.

Article 125. Division of annual paid leave into parts. Vacation recall

By agreement between the employee and the employer, the annual paid leave may be divided into parts. Moreover, at least one of the parts of this leave must be at least 14 calendar days.

The recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be granted at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year.

The recall of workers under the age of eighteen years, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions is not allowed.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to substitute monetary compensation for the basic annual paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions for work in appropriate conditions. (except for the payment of monetary compensation for unused leave upon dismissal).

Article 127. Exercise of the right to leave upon dismissal of an employee

Rostrud letter dated 09.09.2010 N 2725-6-1 informed that prior to the entry into force of Convention N 132 of the International Labor Organization "On Paid Leaves", the provisions of this article continue to apply that upon dismissal the employee is paid financial compensation for all unused vacations.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation enshrined in the Labor Code of the Russian Federation to formalize the dismissal and settle with the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation from 25.01.2007 N 131-O-O).

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time fully or partially exceeds the term of this contract. In this case, the last day of the vacation is also considered the day of dismissal.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day of the start of the vacation, if another employee is not invited to his place by way of transfer.

Article 128. Unpaid leave

For family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application of the employee, to provide unpaid leave:

participants of the Great Patriotic War - up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

to parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received while performing military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of childbirth, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Most people love to go on vacation in the summer. In this article, we will figure out which workers and when to let go on vacation. We will also pay special attention to how many vacation days a person can have in different situations.

There are two types of vacations - basic and additional. Naturally, we are talking about paid vacations. We will not talk about unpaid leave and study leave in this article.

So, annual paid leave is due to employees - that is, people who work on the basis of employment contracts. Both urgent and indefinite. This includes part-time workers, seasonal workers, homeworkers and telecommuters.

Who is eligible for additional and extended leave

Also, some people are entitled to additional holidays. In particular, these are employees with irregular working hours and those who work in harmful conditions.

Let's pay attention to two significant points concerning additional leave for work in the Far North.

Firstly, it is necessary to provide additional leave for external part-time workers for work in the North. The general rule states: the provisions of the Law of 19.02.1993 No. 4520-1 apply to employees working in the Far North or equivalent areas. This law establishes state guarantees and compensations that must compensate for additional material and physiological costs associated with living and working in extreme conditions. One of such compensations is the right of employees to additional vacations (Art. 14 of the Law of 19.02.1993 No. 4520-1, Art. 321, 302 of the Labor Code of the Russian Federation). However, in accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensation to persons working in the Far North and equivalent areas are provided only at the main place of work. It would seem that the "northern" part-time workers do not have the right to additional vacations.

At the same time, labor legislation does not give grounds to qualify the right to additional leave as a guarantee or compensation. The types of vacations and the procedure for their granting are regulated by Chapter 19 "Vacations" of Section V "Rest Time", and not by the provisions of Section VII "Guarantees and Compensations" of the Labor Code of the Russian Federation. Article 321 of the Labor Code of the Russian Federation, which defines the rules for granting leave to part-time workers, also does not equate additional leave with guarantees or compensations. Thus, the restrictions established by Article 287 of the Labor Code of the Russian Federation do not apply to paid additional leave, which should be granted to external part-time workers working in the Far North or equivalent areas. A different approach would violate the rights of part-time workers who, in difficult climatic conditions, work not only on the main, but also on additional place work.

note

If employees are not given leave, the employer will be punished. For organizations, the fine is from 30,000 to 50,000 rubles. And for a repeated violation, a fine in the amount of 50,000 to 70,000 rubles is threatened. (part 1 and 4 of article 5.27 of the Administrative Code of the Russian Federation).

This is confirmed by the Supreme Court of the Russian Federation in its review dated February 26, 2014 and by lower courts (see, for example, the appellate rulings of the Krasnoyarsk Regional Court dated December 24, 2012 No. 33-11243, the Kamchatka Regional Court dated June 28, 2012 No. 33-884 / 2012).

Secondly, if an employee periodically goes on business trips to the Far North, there is no need to provide additional leave. It's simple.

Employees who go on a business trip are guaranteed the preservation of their place of work (position), average earnings, as well as reimbursement of expenses related to business trip... This is stated in Articles 167 and 168 of the Labor Code of the Russian Federation. Not everyone has the right to additional leave related to work in the Far North and equivalent areas. And only from employees who have entered into an agreement with an organization located in the Far North region or an area equivalent to it. Or a person works in the North on a rotational basis (Articles 321, 302 of the Labor Code of the Russian Federation).

It is impossible not to say a few words about the Chernobyl victims. They are paid additional vacations by the social security authorities. To do this, give the person a certificate of average earnings in any form (see sample). In the certificate, indicate the total amount of vacation pay. By the way, this payment is not subject to personal income tax and insurance premiums (letters of the Ministry of Finance of Russia dated 23.07.2010 No. 03-04-05 / 10-413, FSS of Russia dated 17.11.2011 No. 14-03-11 / 08-13985). Also, the certificate must reflect the period for which the additional vacation is granted.

The certificate is signed by the head of the organization and the chief accountant (with decrypted signatures), the document is certified with a seal. This is stated in subparagraph "b" of paragraph 2 of the Rules for payment of additional paid leave, approved by the Government of the Russian Federation of 03.03.2007 No. 136.

When to give leave

In general, the employee has the right to the first annual leave at a new place of work after six months of continuous work (part 2 of article 122 of the Labor Code of the Russian Federation). Some employees may need to be granted leave in advance upon request. But an employee can take leave for the second and subsequent years of work at any time of the working year in accordance with the schedule.

Leave in advance must be provided to employees under 18 years of age, women before maternity leave, adoptive parents of children under three months of age, husbands while their wives are on maternity leave, etc. These are the requirements of Articles 122, 123 and 267 of the Labor Code ...

Also, the categories of those who are entitled to receive a vacation in advance can be listed in other legislative norms. For example, these are veterans (Articles 14-19 of the Federal Law of 12.01.1995 No. 5-FZ).

How to calculate the length of service for vacation

To figure out whether an employee can go on vacation, you need to know his experience. The rules for calculating this value are set out in article 121 of the Labor Code of the Russian Federation.

So, the length of service, which gives the right to the main paid vacation, includes not only the time of actual work. The length of service also includes the time when the employee did not actually work, but in accordance with the legislation he retained his place of work. For example, this is illness, holidays, medical examination, etc.

Also, the length of service includes the time: forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at the previous job; suspension from work of an employee who has not passed a medical examination through no fault of his own. It can be included in the length of service and other periods of time, if it is provided for by the labor (collective) agreement or local act of the organization.

At the same time, the length of time for leave does not include the time an employee is absent from work without good reason (including in the cases provided for in Article 76 of the Labor Code of the Russian Federation) and the time of parental leave until he reaches three years of age.

Separately, let's say about vacations without pay. 14 days of self-paid leave affects the length of service for annual paid leave. But do not include everything that is over 14 calendar days in the vacation record.

Manager A.S. Kuznetsov joined Omerta LLC on May 6, 2016. From June 1 to June 30, 2016 (30 calendar days), an employee was granted unpaid leave on the basis of his application.

Of the 30 calendar days of vacation at their own expense, only 14 days in the working year are included in the length of service for annual paid vacation. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the vacation period.

Thus, Kuznetsov will have the right to the first annual leave after six months of continuous work in the organization, that is, from November 6, 2016 (regardless of the length of the available vacation at his own expense). And the right to a second annual leave is not from May 6, 2017, but after a year and 16 days, that is, from May 22, 2017.

When to postpone or extend vacation

Annual leave can be rescheduled or extended. This can be done both during the current year of work (working year) and for the next year.

Annual paid leave is extended or postponed in case of temporary disability of an employee. Another reason for the postponement or extension is that a person fulfills state duties during the annual paid leave, if for this the labor legislation provides for exemption from work. The employer determines the specific dates for which the vacation is postponed, taking into account the wishes of the employee. The employee can take the whole vacation or divide it.

For your information

An employee can be granted leave immediately for two or three years, if the person has accumulated rest days over several years. This follows from Articles 123 and 124 of the Labor Code of the Russian Federation.

Also, reschedule the vacation if you have not paid vacation pay at least three days before the start of the vacation, or if the employee was not warned about the start date of the vacation two weeks in advance. In these two cases, the employee writes a free-form transfer application, in which he indicates the desired dates for the transfer of vacation.

We add that the annual leave, with the consent of the employee, can be postponed to the next working year if the employee's absence from work adversely affects the employer's activities. The employee must use the vacation no later than 12 months after the end of the working year for which the vacation is granted. In other words, vacation can only be postponed to the next working year.

Such rules are established by article 124 of the Labor Code of the Russian Federation.

What is the duration of the vacation

We have already mentioned that the usual duration of the annual paid vacation is 28 calendar days of paid vacation. If an employee has the right to an extended or additional vacation, then all these days must be added up. This will be the total length of the vacation.

There is no limit value for the duration of rest in a calendar year. So, if a person has accumulated unused days, he can, in agreement with the employer, take them all at once. Let's say an employee is entitled to an annual basic paid leave of 28 calendar days. And in the last two working years, 40 days of vacation have not been used. The employee has the right to walk all these days during one calendar year.

These rules are established by Articles 115 and 120 of the Labor Code of the Russian Federation.

Be careful: when determining the length of the vacation, non-working holidays should be excluded from the calculation. Moreover, both federal (spelled out in article 112 of the Labor Code of the Russian Federation) and regional. The latter establish the authorities of the subjects of Russia. This procedure follows from the totality of the norms of Articles 22, 120 of the Labor Code of the Russian Federation, Part 1 of Article 72 of the Constitution of the Russian Federation, Article 4 of the Law of September 26, 1997 No. 125-FZ. The correctness of this approach is confirmed by Rostrud in paragraph 2 of the letter dated 12.09.2013 No. 697-6-1.

A.S. Kuznetsov has been working in Omerta LLC as a manager for over two years. He has accumulated unused days of annual basic paid leave. Kuznetsov decided to use them - on May 13, he wrote a vacation application from June 1 to June 21, 2016.

To calculate vacation pay, the accountant calculated the total duration of Kuznetsov's vacation. June 12, 2016 is a non-working holiday (Article 112 of the Labor Code of the Russian Federation). Therefore, the accountant excluded it from the calculation. Thus, the duration of Kuznetsov's vacation was 20 calendar days - from 1 to 11 June and from 13 to 21 June 2016.

When vacation is granted in working days

For some categories of workers, vacation is set not in calendar days, but in workers. In particular, two working days of vacation for each month of labor are due to seasonal employees and people with whom an employment contract is concluded for a period of not more than two months (Articles 291, 295 of the Labor Code of the Russian Federation).

All other employees who, in accordance with the law, have a vacation in working days (for example, judges, researchers who have a scientific degree, etc.), translate its duration into calendar days. To do this, calculate the duration of the vacation according to the schedule of a six-day work week.

That is, from the start date of the vacation, count the number of working days of the vacation according to the calendar of a six-day working week. This will determine the last day of your vacation. After that, recalculate the total vacation period in calendar days (Article 120, Part 5, Article 139 of the Labor Code of the Russian Federation).

Since June 14, 2016 G.N. Solovieva (employed in jobs with harmful working conditions) was granted an additional paid leave of 12 working days. The working conditions of the worker were found to be harmful according to the results of the workplace certification carried out in 2013.

Solovyova is not a seasonal employee, and she has an open-ended employment contract. Therefore, the accountant recalculated the duration of Solovyova's additional vacation in calendar days.

To do this, from the start date of the vacation (June 14, 2016), the accountant counted 12 working days according to the schedule of a six-day working week and determined the last day of the vacation (June 27, 2016).

Thus, Solovyova is granted additional leave from June 14 to June 27, 2014 inclusive, that is, for 14 calendar days.

How can you share your vacation

An employee can take leave in whole or divide it into several parts. The breakdown of leave takes place by agreement between the employee and the employer's administration. At the same time, no additional documents are drawn up.

It's just that the date of granting each part of the vacation is fixed in the vacation schedule.

Recall that the schedule for the next calendar year is at least two weeks before the beginning of the year.

There is only one limitation: at least one part of the divided leave must be at least 14 calendar days. That is, the remaining days of rest can be taken for a week or a week, and then three more times for a couple of days. In principle, an employee has the right to take leave for at least one day for 28 weeks in a row, but such a "rest" is unlikely to be beneficial.

This procedure is established in article 125 of the Labor Code of the Russian Federation.

Tax consultantTamara Petrukhina

Practical accounting

The procedure for granting leave in 2016 has not changed. Meanwhile, on the eve of the May holidays and summer, we want to remind you of the basic rules related to the provision of holidays that you should know personnel worker... We will discuss what rules for granting leave in 2016 have appeared, how to correctly draw up an order for granting leave to an employee, and also whether the employee's application for granting leave is a necessary document.

In this article, you will learn:

• what are the rules for granting leave in 2016;
• how to take into account the May holidays when granting vacation;
• is it possible to make changes to the vacation schedule
• how an order is drawn up to grant leave to an employee;
• is it obligatory for the employee to write an application for a vacation.

How to take into account when granting vacation in 2016 May holidays

According to labor law, all employees are entitled to annual paid leave. Its duration is usually four calendar weeks. The law and local regulations allow an increase in the duration of the vacation, but it cannot be less than 28 calendar days.

These 28 calendar days established by law do not include non-working holidays, as follows from Part 1 of Article 120 of the Labor Code of the Russian Federation. But regular weekends - Saturdays and Sundays are counted. In the month of May 2016, there are two officially established holidays, these are the 1st and 9th - the Spring and Labor Day and Victory Day. At the same time, May 1 falls on Sunday, and May 9 falls on Monday. In addition, Tuesday, May 3 is also considered a day off, since the day off on January 2, 2016 was moved to this date. Please note that May 3 is a day off, not a public holiday (Recommendations of the Rostrud on the observance of labor holidays, approved Minutes No. 1 dated 02.06.2014) and, accordingly, is taken into account in the total number of provided calendar days.

Example

An employee of the company was provided with an annual paid leave, the duration of which was 14 calendar days, starting from Monday, April 25, 2016. The period of the granted leave had two holidays - May 1 and 9, so the employee will have to go to work on May 11, 2016.

Local Regulation - Vacation Schedule

This document, which is drawn up and approved in December of the previous year, establishes the priority of granting vacations to employees of the enterprise. The vacation schedule must be agreed with trade union committee employees and approved in the manner prescribed by Article 123 of the Labor Code of the Russian Federation. Each employer must have such a document.

When drawing up a schedule, the employer must take into account that some categories of workers (pregnant women, persons under 18, etc.) have the right to go on vacation at any time that is convenient for them (part 4 of article 123 of the Labor Code of the Russian Federation).

The vacation schedule can be drawn up in any form, but most often the unified form No. T-7 is used for this. Since this document is drawn up in advance, it is natural that later it may become necessary to correct and amend it. This can be explained both by changes in the plans of employees and by the fact that new employees appear in the company during the year, who also have the right to paid rest. Since the vacation schedule is a two-sided document, all changes to it are made in agreement with both the employer and the employee.

The procedure according to which the employee is granted annual paid leave

The algorithm for granting an employee an annual paid leave is as follows.

Step 1. Notifying the employee about the upcoming vacation

The order must indicate both the full and abbreviated name of the enterprise in accordance with constituent documents... In addition, it is necessary to indicate the code of the order form according to OKUD () - 0301005 and according to OKPO ( All-Russian classifier enterprises and organizations). OKPO code is assigned legal entity when registering.

After the order is signed by the manager or other authorized official, it must be assigned registration number, which can be supplemented by an index (GOST R 6.30-2003, approved by the decree of the State Standard of Russia dated March 3, 2003 No. 65-st). The date of drawing up the order is the date of its signing (clause 3.11 of GOST R 6.30-2003).

The order must indicate Personnel Number, it is assigned to an employee upon hiring. The surname, name and patronymic of the employee must be indicated in the dative case, it is also necessary to indicate his position and structural subdivision, in which he is listed.

The period for which the employee is granted vacation is the working year. Section "A" of form No. T-6 contains a number - the number of calendar days of the granted leave, as well as the dates of its beginning and end. Section "B" is filled in if, simultaneously with the annual paid leave, the employee is provided with any other type of leave. Section "B" should indicate the total duration of the employee's absence from the workplace.

The employee must confirm in writing that he has read the order. The date of acquaintance must be affixed next to his signature.

Leave order (sample)

Step 3. Calculation and payment of vacation pay, drawing up a note-calculation

Relying payments to an employee who goes on vacation, he must receive no later than three days before the date from which his vacation begins (part 9 of article 136 of the Labor Code of the Russian Federation). The Labor Code does not specify which days are meant - working or calendar. Rostrud (letter dated 30.07.2014 No. 1693-6-1) believes that calendar days should be taken into account. Accordingly, if an employee goes on vacation on Monday, vacation pay must be paid to him no later than the previous Friday. If the employer has such an opportunity, he can pay the due amounts to the employee earlier.

note: Currently, the State Duma is considering bill No. 997875-6, which provides for allowing employers to individual cases fail to comply with the established terms for payment of vacations. This applies to situations when, for example, an employee is granted leave on an urgent basis, immediately or the next day after they have submitted an application. If the employer does not have time to calculate and pay vacation pay, he is considered to have violated the law, therefore the company is forced to refuse to grant the employee urgent leave. The bill proposes to amend the provisions of Article 136 of the Labor Code of the Russian Federation and use the new wording "If an employee submits an application for a vacation less than three days before its start, the vacation is paid no later than three working days after the application is received by the employer." This will allow employers to provide vacations to employees on any date specified in the application, without fear of violating labor laws.

A note-calculation of vacation pay can be drawn up according to the unified form No. T-60.

Step 4. Entering information about the granted leave in the employee's personal card

The employee's personal card contains information about all vacations that were provided to him during the period of work at this enterprise. The card indicates the type of leave granted, the periods of work, its duration in calendar days, the dates of the start of the leave and the start of work, as well as the details of the relevant orders. The employer is not obliged to acquaint the employee with the entries in his personal card.

Extract from the employee's personal card (sample)

Is it obligatory for an employee to write a vacation application

An employee's leave application is not required. It is the employer's direct responsibility to inform the employee that, in accordance with the schedule, he will be granted leave. That is, it is the employer who is obliged to notify his employee that he has been granted leave from the set date.

Important information: In the event that, for some reason, the employer did not notify the employee about the upcoming vacation, or informed him about it later than two weeks before the start date, the employee has the right to postpone the vacation. The employer will have to agree with the employee on the date on which he wants to take his vacation (part 2 of article 124 of the Labor Code of the Russian Federation).

But in practice, it is customary that the employee writes in advance an application addressed to the director of the enterprise with a request to grant leave. The need to submit such an application may be provided for by a local regulatory act, for example, a provision on this may be contained in the internal labor regulations (Article 8 V.M. Kruglov

from sales manager

Kuznetsova A.P.

Statement

I would like to ask you to grant me from April 25, 2016, an annual regular paid vacation of 14 calendar days.

This sample vacation application can also be used in situations where an employee asks for vacation for a period not reflected in the vacation schedule.